Environment

The U.S. Environmental Protection Agency (EPA) plans to double chemical review user fees from $5 million in fiscal 2025 to $11 million in 2026, aiming to offset deep budget cuts proposed by the Trump administration.

The EPA’s overall funding is set to drop by 54%, eliminating over 1,200 positions and slashing science and technology programs by 35%. Enforcement and community revitalization efforts would also face major reductions. To compensate, the agency intends to increase fees under the Toxic Substances Control Act and rely more on Superfund taxes and legal settlements for site cleanups. 6/5/25

In response to the recent introduction of House Bill 272 (HB 272), a measure that would impose sweeping new restrictions on PFAS and food additives in consumer products, OMA Counsel at Bricker Graydon has produced a detailed memo outlining the bill’s impact on Ohio manufacturers.

As introduced, HB 272 would impose strict new limits on PFAS and food additives, mirroring regulations seen in California and the EU. The bill also bans some FDA-approved ingredients and imposes significant compliance costs and penalties.

This bill will be discussed in depth at the June 5 Government Affairs Committee and the July 16 Environment Committee meetings. 5/29/25

The U.S. Environmental Protection Agency (EPA) last week announced a delay of Biden-era regulations on PFAS chemicals in drinking water systems.

Last April, the EPA under the Biden Administration set limits on certain PFAS chemicals in drinking water, requiring community water systems to find alternative water sources or install filtration systems to remove them by 2029.

Now, the EPA is proposing to extend the compliance deadline to 2031 for two of the most common PFAS chemicals – PFOA and PFOS. The agency is also rescinding and reconsidering the limits for four additional PFAS in the initial regulation. 5/14/2025

A bill that would impose strict new regulations regarding “forever chemicals” and food additives was introduced in the Ohio House this week. House Bill 272, titled the “PURE LIFE Act,” proposes strict new regulations in Ohio targeting per- and polyfluoroalkyl substances (PFAS) and harmful food additives.

The bill, sponsored by State Reps Justin Pizzulli (R-Scioto County) and Monica Robb Blasdel (R-Columbiana), bans the sale of products containing intentionally added PFAS—such as cookware, food packaging, dental floss, and juvenile products—starting in 2027, with further restrictions on items like textiles, cosmetics, and cleaning products by 2028. By 2032, only PFAS uses deemed “currently unavoidable” by the Ohio EPA will be allowed.

Manufacturers must report PFAS content and face penalties for violations. Additionally, the bill prohibits several food dyes and additives, including Red 40, Yellow 5, and titanium dioxide, citing health concerns. Any food containing these substances would be considered adulterated under Ohio law. The legislation also mandates labeling, inventory tracking of firefighting foam, and grants enforcement power to the state EPA. These measures aim to reduce toxic chemical exposure in food and consumer goods to protect public health. 5/13/2025

The Environmental Protection Agency (EPA) has laid off nearly 400 probationary employees nationwide, including several at its Cincinnati office—home to about 1,000 staff working on critical research like drinking water safety and PFAS removal.

The cuts, part of a federal workforce reduction under President Trump, have halted key projects and delayed funding from the Bipartisan Infrastructure Law. The restructuring will save taxpayers $300 million a year by fiscal year 2026, the agency said, with some of the savings coming from job cuts. 5/14/2025

Ohio EPA Director John Logue testified this week before the Senate Agriculture and Natural Resources Committee on the agency’s top priorities for the state’s biennium budget.

In his testimony, Logue emphasized the need for the state to modernize its air fee structure, which enforces the federal government’s Clean Air Act, and restore funding to the H2Ohio program, which was cut in the House version of the budget.

These priorities from the Ohio EPA will be discussed at the July 16 OMA Environment Committee. 5/8/2025

Governor Mike DeWine has tapped John Logue to be the next director of the Ohio Environmental Protection Agency.

The OMA praised the announcement in a statement, highlighting his reputation as a “steady hand” while at the Ohio Bureau of Workers’ Compensation (BWC).

Logue, who succeeds Anne Vogel, who was appointed U.S. EPA Region 5 Administrator, held key roles at the Ohio BWC, including Administrator/CEO and deputy administrator, overseeing one of the nation’s largest state-run insurance systems.

Since joining BWC in 2019 as chief of strategic direction, he managed the Division of Safety & Hygiene and offices for analytics, business intelligence, data warehouse, and business transformation, and established the Workforce Safety Innovation Center.

Logue will need to be confirmed by the Ohio Senate before officially assuming his role. 5/1/2025

Ohio lawmakers last month voted to make significant cuts to the state’s water quality program, designed to prevent farm runoff, protect water supplies, and other water quality solutions.

The Ohio House version of the budget contains a proposed $120 million cut to H2Ohio, which was put into place after toxins left Toledo temporarily without safe drinking water in 2014.

Ohio’s budget is currently still under deliberation, with lawmakers set to resume talks next week after returning from spring break. 3/23/2025

The OMA recently submitted a formal request to US EPA Administrator Lee Zeldin urging the agency to rescind the recently reinstated air rule that unlawfully incorporates a public nuisance standard into Ohio’s State Implementation Plan.

This “midnight regulation,” issued in the last hours of the Biden administration, opens the door to frivolous citizen lawsuits against manufacturers from activist attorneys. The rule had previously been removed by the first Trump administration’s EPA due to its lack of legal basis and its harmful impact on industry competitiveness. 3/23/2025

Former Ohio EPA Director Anne Vogel was appointed this week to lead the U.S. EPA’s Region 5, which covers Ohio, Illinois, Indiana, Michigan, Minnesota, and Wisconsin.

Vogel has served as Ohio EPA director since December 2022, where she received national attention for handling the East Palestine train derailment.

She will be succeeded by John Logue, who has served as the Administrator and CEO of the Bureau of Workers’ Compensation. The OMA lauded DeWine’s nomination of Logue in a statement and thanked Vogel for her service in Ohio. 3/5/2025

The OMA held its first Environment Committee of the year this week, updating members on the environmental policy provisions contained in the state operating budget, key pieces of environmental policy that have been introduced, and updates to federal regulatory activity.

The OMA was joined by Mark Johnson, chief of the Ohio EPA’s Division of Surface Water, who updated the committee on the cuts in the state budget to the H2Ohio program, the PFAS rivers survey to be conducted by the agency, and a new rule to determine if streams and rivers are impaired by excessive nutrients, using a weight of evidence approach for consistency. 3/4/2025

A $500 million grant to update a steel plant in Middletown, OH, might be part of the massive cuts made by the Department of Government Efficiency (DOGE).

The plant, operated by Cleveland Cliffs, had received the grant through the Office of Clean Energy Demonstrations to make the plant more environmentally friendly.

That grant, along with others, is now reportedly being reviewed by DOGE, with the unofficial leaked memo saying the grant to Cliffs will be terminated. 3/4/2025

The OMA’s Environment Committee will meet next Thursday, April 10 to discuss the sweeping regulatory changes of Ohio at both the state and federal level.

Ohio EPA Director Anne Vogel will join the committee to update members on statewide initiatives and policy being considered at the Ohio Statehouse. Members will also be updated on:

• The rollback of dozens of U.S. EPA regulations
• The joint resolution seeking to end Ohio’s Nuisance Rule

4/1/2025

Last week, The OMA, together with a coalition of business groups, filed a petition for review with the Sixth Circuit Court of Appeals challenging the U.S. EPA’s final rule that re-inserts the nuisance rule back into Ohio’s state implementation plan (SIP). The rule, promulgated pursuant to the Clean Air Act, was finalized in the final days of the Biden Administration.

The OMA has long championed the removal of the nuisance rule from the SIP, which has already occurred in numerous other states. The presence of the nuisance rule in Ohio’s SIP opens Ohio manufacturers up to citizen suits led by plaintiffs’ attorneys based on vague nuisance claims, even in instances where the facility is in compliance with its permit limits, placing Ohio manufacturers at a competitive disadvantage. 3/17/2025

Four of Ohio’s top lawmakers in Washington are pushing to remove Ohio’s air nuisance rule, a standout regulation unique to Ohio.

Senators Bernie Moreno and John Husted, and Congressman Troy Balderson and Michael Rulli introduced their joint resolution earlier this year, calling the rule a punishment for Ohio by “making our businesses targets for lawsuits that the EPA has explicitly barred in other states.”

The air nuisance rule is part of Ohio’s State Implementation Plan under the federal Clean Air Act. It allows citizens to file suits in federal court in order to enforce the Clean Air Act themselves if they believe a business or other entity has violated the act.

The OMA praised the resolution in a statement with OMA President Ryan Augsburger calling it a “move to return Ohio’s regulatory environment to one of consistency and fairness, allowing Ohio to continue to manage its own policies without federal overreach.” 3/17/2025

The Trump Administration this week signaled its intent to eliminate the U.S. EPA’s Office of Environmental Justice in the latest of sweeping cuts to government agencies in Washington, D.C.

In an internal memo, Director Lee Zeldin informed agency leaders that he was directing “the reorganization and elimination” of the offices of environmental justice at all 10 E.P.A. regional offices as well as the one in Washington. 3/11/2025

U.S. EPA Director Lee Zelden announced a series of actions this week to roll back a slew of environmental regulations, including rules on pollution from coal-fired power plants, climate change, including the PM 2.5 rule, and electric vehicles.

The actions, if approved, would eliminate trillions of dollars in regulatory costs, Zelden stated, adding:

“Our actions will also reignite American manufacturing, spreading economic benefits to communities. Energy dominance stands at the center of America’s resurgence.” 3/12/2025

This week, several members of Ohio’s congressional delegation introduced legislation in Washington D.C. to repeal the U.S. EPA’s nuisance rule for Ohio.

As previously reported, Ohio’s nuisance rule, which was reinstated in the final hours of the Biden administration, is an outlier among other states and exposes our manufacturers to an unprecedented wave of costly federal lawsuits.

The OMA thanked the authors, Representatives Troy Balderson and Michael Rulli, and Senators Jon Husted and Bernie Moreno, in a statement this week, praising the repeal as a move to return Ohio’s regulatory environment to one of consistency and fairness. 3/4/2025

The OMA, along with several business leaders in Ohio, sent a letter to Ohio delegates this week urging them to support the repeal of the U.S. EPA’s nuisance rule for Ohio.

Ohio’s nuisance rule, which was reinstated in the final hours of the Biden administration, is an outlier among other states and exposes our manufacturers to an unprecedented wave of costly federal lawsuits. 2/19/2025

Rapidly advancing legislation to fund transportation agencies for the upcoming two years was amended this week. A substitute version of House Bill 54 was accepted by the House Finance Committee this week. Notable for Ohio’s airshed management is the inclusion of the “E-Check Ease Act” intended to reduce the administrative and financial burden on Ohio drivers by creating an alternative to E-Check.

Ohio has required E-Check as an air pollution control measure in certain congested counties. The U.S. EPA has historically not allowed alternatives to conventional centralized emissions testing, however, that may change under the Trump administration. The topic will be discussed at the upcoming OMA Environment Committee meeting on April 10. 2/5/2025